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NY L81279





January 13, 2005

CLA-2-61:RR:NC:TA:359 L81279

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman’s pullover from China and a pullover from Hong Kong

Dear Ms. Fox:

In your letter dated December 13, 2004, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your samples are being returned to you.

Your first sample, style 721A20088, is a woman’s sleeveless pullover constructed from 43% rayon, 37% nylon, 13% polyester, 7% metallic knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a V-shaped neckline, decorative beading and sequins below the neckline, and sleeveless armholes. The neckline, armholes, and bottom are finished with rib knit fabric.

Your second sample, style 5FHN31578, is a woman’s sleeveless pullover constructed from 56% rayon, 28% acrylic, 11% polyester, 5% metallic knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a V-shaped neckline and sleeveless armholes. The neckline and armholes are finished with scalloped edging.

The applicable subheading for styles 721A20088 and 5FHN31578 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

Styles 721A20088 and 5FHN31578 fall within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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